Strict liability is a legal concept that makes it easier for consumers to obtain compensation from designers, manufacturers, or sellers of defective products. Under strict liability, those who suffer injuries due to defective products can file suit without having to prove negligence.
When does strict liability apply?
Strict liability intends to hold manufacturers liable for defective products, no matter the level of care exercised during the process of making the product.
A victim can use the strict liability doctrine if:
- The product had a defect or failure that caused injury.
- The victim was using the product correctly or in a reasonable way when the injury occurred.
- The victim made no changes to the product that altered how it worked after purchase.
Many courts have updated laws that allow victims to use strict liability when a manufacturer fails to put ample warning labels on a product, including dangerous drugs. A recent example of this involves medications prescribed to treat low testosterone levels in men. Manufacturers failed to adequately warn users of serious health risks of the drug and thousands of men suffered heart attacks, strokes, and other heart-related complications.
Do I have to prove anything in a strict liability case?
The main benefit of strict liability claims over traditional negligence claims is that consumers do not have to prove the manufacturer or seller was negligent in order to win a strict liability claim. This is important since it is often very difficult or even impossible for a consumer to prove that a large corporation’s manufacturing process or quality control were careless. The victim of a dangerous or defective product must only prove the points in the bullet list in the above section.
Can a victim base a product liability claim on negligence?
In some cases, the negligence may be easy to prove or a case based on strict liability may not be possible. When this occurs, you can file a product liability claim based on the manufacturer’s negligence.
Proving negligence requires establishing that the manufacturer or seller did not “exercise reasonable care” during the making or selling of the product and that this failure led to the defect that caused your injury. If a company does not have any quality control measures in place, it may be easy to show it is not using “reasonable care.” In most cases, however, it is usually much more difficult to win a negligence suit than a strict liability case.
How can the Law Office of Julie Johnson, PLLC help?
Lawyer Julie Johnson helps the victims of product defects receive the compensation they deserve through the Texas courts. The Law Office of Julie Johnson can work with you to determine if you have a strict liability case, meet all necessary conditions, and to ensure you get the money to cover medical expenses and other costs. Contact us today at 214-290-8001 to learn more.